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<br />DEED OF TRUST
<br />ccontinu�d) 2 0:12 0 018 � Page 2
<br />SubstanCe on, under, about or from the Properry; end (b) eny such activity shall be conducted in compliance with
<br />all applicable federal, state, and local lawa, regulationa and ordinances, including w(thout limitation all
<br />Environmentel Lews. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br />° inspections and tests, et Trustor's expense, as Lender may deem appropr(ate to determine compliance of the
<br />_ Property with this seCtion of the Deed of Truat. Any inspections or tests made by Lender shall be for Lender's
<br />purposes only and shatl not be construed to create eny responsibility or liability on the part of Lender to Trustor or
<br />�` to any other person. The representations and warranties contained herein are based on Trustor's due diligence in
<br />-! investigating the Property for Hezardous Substances. Trustor hereby 11 i releases and waives any future claims
<br />, against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under
<br />any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses,
<br />liebilities, damages, penaltles, and expenses which Lender may directly or indirectly sustein or suffer resulting from
<br />a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage,
<br />disposal, release or threatened release occurring prior to Trustor's ownership or interest in the Properry, whether or
<br />not the seme was or should have been known to Trustor. The provisions of this section of the Deed of Trust,
<br />including the obllgation to indemnify and defend, shell survive the peyment of the Indebtedness and the setisfaction
<br />and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest
<br />in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not ceuse, conduct or permit any nuisance nor commit, permit, or suffer eny
<br />stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the
<br />foregoing, Trustor will not remove, or grant to any other party the right to remove, any timber, minerals (including
<br />oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
<br />Removat of Improvemems. Trustor shall not demolish or remove any Improvements from the Real Property without
<br />Lender's prior written consent. As a condition to the removel of eny Improvements, Lender may require Trustor to
<br />make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal
<br />value.
<br />Lender's Right to Enter. Lender end Lender's agents and representatives may enter upon the Real Property at all
<br />reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Trustor's
<br />compliance with the terms and conditions of this Deed of Trust.
<br />Compliance whh Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and
<br />regulations, now or hereafter in effect, of ell governmental authorities applicable to the use or occupancy of the
<br />Property, including without limitetion, the Americens With Disabilities Act. Trustor may contest in good faith any
<br />such law, ordinance, or regulation and withhold compliance durfng any proceeding, including appropriate appeals,
<br />so long as Trustor hes notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's
<br />interests in the Property are not jeoperdized. Lender may require Trustor to post adequate security or a surety
<br />bond, reasonably setisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other
<br />acts, in addition to those acts set forth ebove in this section, which from the character and use of the Property are
<br />reasonably necessary to protect and preserve the Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lender mey, at Lender's option, declare immediately due and payable all sums
<br />secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the
<br />Real Properry, or any interest ln the Real Property. A"sale or transfer" means the conveyance of Real Property or any
<br />right, title or interest in the Real Property; whether legal, beneflcial or equitable; whether voluntary or involuntary;
<br />whether by outright sale, deed, installment sale contract, lend contract, contract for deed, leasehold interest with a
<br />term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in
<br />or to any land trust holding titte to the Real Property, or by any other method of conveyance of an interest in the Real
<br />Properry. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by
<br />Nebraska law.
<br />TAXES AND LIENS. The following provisions relating to the taxes end liens on the Property are part of this Deed of
<br />Trust:
<br />Payment. Trustor shall pey when due (and in all events prior to delinquency) all taxes, special taxes, assessments,
<br />charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall
<br />pay when due all claims for work done on or for services rendered or material furnished to the Property. Trustor
<br />shall maintain the Property free of atl liens having priority over or equai to the interest of Lender under this Deed of
<br />Trust, except for the Ifen of taxes and assessments not due and except as otherwise provided in this Deed of
<br />Trust.
<br />Right to Corrtest. Trustor may withhold peyment of any tax, assessment, or claim in connection with e good faith
<br />dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or
<br />is fited as a result of nonpayment, Trustor shall within fifteen (15) days after the lien erises or, if a lien is filed,
<br />within fifteen (15) days after Trustor has notice of the filing, secure the discharge of the lien, or if requested by
<br />Lender, deposit with Lender cash or a sufftcient corporete surety bond or other security satisfactory to Lender in an
<br />amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could eccrue as a
<br />result of a foreclosure or sele under the lien. In any contest, Trustor shell defend itself and Lender and shall satisfy
<br />any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee
<br />under any surety bond furnished in the coMest proceedings.
<br />Evldence of Payment. Trustor shall upon demand furnish to Lender setisfactory evidence of payment of the taxes
<br />or assessments and shell authorize the appropriate governmental official ta deliver to Lender at any time a written
<br />statemeni of the taxes and assessments egainst the Property.
<br />Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any
<br />services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or
<br />other lien could be asserted on account of the work, services, or materials. Trustor will upon request of Lender
<br />furnish to Lender advance assurances setisfactory to Lender that Trustor can and will pay the cost of such
<br />improvements.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of
<br />Trust.
<br />Maintenance of Insurance. Trustor shell procure and meintain policies of fire insurance with standard extended
<br />coverage endorsements on a fair value basis for the full insureble value covering all Improvements on the Real
<br />Property in an amount sufficfent to avoid applicetion of any coinsurence clause, and with a standard mortgegee
<br />clause in favor of Lender. Trustor shall elso procure and maintain comprehensive general liability insurance in such
<br />coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such
<br />liability insurance policies. Additionally, Trustor shall maintain such other insurance, including but not limited to
<br />hazard, business interruption, and boiler insurence, as Lender may reasonably require. Policies shall be written in
<br />form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies
<br />reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the
<br />policies or certificates of insurance in form satisfactory to Lender, including stipulations thet coverages will not be
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